PART 1General

Citation and commencement1

1

These Regulations may be cited as the Care Planning, Placement and Case Review (England) Regulations 2010 and come into force on 1st April 2011.

2

These Regulations apply in relation to England only.

Interpretation

2

1

In these Regulations—

  • “the 1989 Act” means the Children Act 1989;

  • “the 2002 Regulations” means the Fostering Services Regulations 20022;

  • “appropriate person” means—

    1. a

      P, where C is to live, or lives, with P;

    2. b

      F, where C is to be placed, or is placed, with F;

    3. c

      where C is to be placed, or is placed, in a children’s home, the person who is registered under Part 2 of the Care Standards Act 20003 in respect of that home; or

    4. d

      where C is to be placed, or is placed, in accordance with other arrangements under section 22C(6)(d), the person who will be responsible for C at the accommodation;

  • “area authority” means the local authority4 for the area in which C is placed, or is to be placed, where this is different from the responsible authority;

  • “C” means a child who is looked after by the responsible authority5;

  • “care plan” means the plan for the future care of C prepared in accordance with Part 2;

  • “case record” has the meaning given in regulation 49;

  • “connected person” has the meaning given in regulation 24;

  • “director of children’s services” means the officer of the responsible authority appointed for the purposes of section 18 of the Children Act 20046;

  • “F” means a person who is approved as a local authority foster parent7 and with whom it is proposed to place C or, as the case may be, with whom C is placed;

  • “fostering service provider” has the meaning given in regulation 2(1) of the 2002 Regulations;

  • “full assessment process” has the meaning given in regulation 24(2)(c);

  • “health plan” has the meaning given in regulation 5(b)(i);

  • “independent visitor” means the independent person appointed to be C’s visitor under section 23ZB;

  • IRO” means the independent reviewing officer appointed for C’s case under section 25A(1);

  • “nominated officer” means a senior officer of the responsible authority nominated in writing by the director of children’s services for the purposes of these Regulations;

  • “P” means—

    1. a

      a person who is C’s parent;

    2. b

      a person who is not C’s parent but who has parental responsibility for C; or

    3. c

      where C is in the care of the responsible authority and there was a residence order in force with respect to C immediately before the care order was made, a person in whose favour the residence order was made8;

  • “pathway plan” has the meaning given in section 23E(1)(a);

  • “personal adviser” means the personal adviser arranged for C under paragraph 19C9 of Schedule 2 to the 1989 Act;

  • “personal education plan” has the meaning given in regulation 5(b)(ii);

  • “placement” means—

    1. i

      arrangements made by the responsible authority for C to live with P in accordance with section 22C(2), where C is in the care of the responsible authority, or

    2. ii

      arrangements made by the responsible authority to provide for C’s accommodation and maintenance by any of the means specified in section 22C(6);

  • “placement plan” has the meaning given in regulation 9(1)(a);

  • “R” means the representative of the responsible authority who is appointed to visit C in accordance with arrangements made by them under section 23ZA;

  • “responsible authority” means the local authority that looks after C;

  • “special educational needs” and “special educational provision” have the meanings given in section 312 of the Education Act 199610;

  • “temporary approval” has the meaning given in regulation 24(1); and

  • “working day” means any day other than—

    1. a

      a Saturday or a Sunday,

    2. b

      Christmas day or Good Friday, or

    3. c

      a bank holiday in England and Wales under the Banking and Financial Dealings Act 197111.

2

In these Regulations any reference to any document or other record includes any such document or record that is kept or provided in a readily accessible form and includes copies of original documents and electronic methods of recording information.

3

Save as otherwise appears—

a

any reference in these Regulations to a numbered section is a reference to that section in the 1989 Act; and

b

any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to that regulation, Part or Schedule in these Regulations.

3

These Regulations do not apply in relation to any child who is looked after by a local authority and who has been placed for adoption under the Adoption and Children Act 200212.